NCJ Number
143700
Journal
American Criminal Law Review Volume: 30 Issue: 3 Dated: (Spring 1993) Pages: 1139-1178
Date Published
1993
Length
40 pages
Annotation
This review of joinder and severance under the Federal Rules of Criminal Procedure explains procedure for the joinder of offenses and the joinder of defendants, as well as procedure for the movement for severance of defendants previously under a joinder.
Abstract
The Federal rules of Criminal Procedure provide for the joinder of Federal offenses or defendants in Federal court in the same indictment, so as to promote judicial economy and enhance convenience for witnesses and defendants. A defendant opposing joinder or seeking severance must be able to show that joinder will so prejudice the defendant's case that concern for providing the defendant with a fair trial outweighs the myriad policy issues that make joinder appealing to the judicial system. There are grounds for joinder of offenses when they are of the same or similar character, when offenses are based on the same act or transaction, or when offenses are based on a common scheme. A discussion of the purposes and effects of joinder addresses advantages for the state, advantages for the defendant, and disadvantages for the defendant. A movement for severance of offenses is proper after a joinder of offenses when it is clear prior to or during trial that the joinder of offenses is prejudicial to the defendant. There are grounds for the joinder of defendants when they are charged with being involved in the same criminal act, transaction, or series of transactions; when there is a logical relationship among the defendants; and the defendants are charged with involvement in a continuing criminal enterprise. The discussion of joinder of defendants encompasses the purposes and effects of joinder and the movement for severance. 264 footnotes